N Govindarajan
28 July 2014 at 19:10
Dear Sir/Madam,
My father died without leaving a will. My father is succeeded by my mother, self (son), my brother and sister. The properties are in Tamil Nadu.
1. First property in question is ancestral agricultural land.
2. The second property in question is a residential flat which my father acquired with his own earnings.
Questions:
1. What is the percentage of share of the said properties amongst the four of us?
2. If my sister wants to relinquish her rights over the said properties with out any consideration, what legal formalities have to be carried out (Paper action)?
3. Whether any sale deed or any other deed has to be executed amongst the rest of the three of us? There is no consideration involved.
Thanking you
Regards
Aneesh Kumar Garg
28 July 2014 at 15:30
My Group Housing society is registered under UP Societies Act 1861. However members/owners has passed a resolution which entitles society to charge 2500 towards processing fees, Rs 5000 non refundable sinking fund and Rs 5000 towards refundable security deposit every time a new tenent moves in the flat. The tenent is also paying a monthly maintenance charges of the society as paid by other residents/owner.
I wanted to know the legality of sinking fund charged to tenent under the society act or UP Apartment act 2010. also what is the remediy for such unlawful charges charged by society
Sims010101
28 July 2014 at 10:22
Is a Leave & License Agreement for 2 years which is duly Stamped and Registered a Legally correct document? Pl advise.
prakash
28 July 2014 at 09:17
Sir,
I have a piece of land admeasuring about 1.5 acre,which is already converted in to non agricultural for residencial purpose about 18 months ago.THE LAND IS SITUATED IN GUJARAT STATE.
Recently the municipal authority published
the t.p.(town planning) map,in wich they have
reserved my land for community centre.
In the n.a.order passed by the collector it is mentioned that the work of construction should be start within six month of the order.
Due to some financial problems and market conditons the work did not start on time as per the order.
My question is if the municipal authority can resrve the non agricultural land and now what type of remedy i have because they
have asked for any suggestions i have.
please advice.Thanks.......
naveenraj jain
28 July 2014 at 08:43
Respected experts
A property basically agriculture in nature untill 2003 when corporation brought it under its fold.
In 2012 when an application for change in khata is made corporation had rejected stating that this property is not converted from agricuture. Hence khata change cannot be effected. Subsequently When application for change in land use was sought the DC rejected our application stating that this property is no longer under the jurisdiction of agricutural zone.
If Both DC and corporation are correct where does the applicant stand for his
Right to change the khata and pay taxes and other such related process.
Regards
Naveenraj
ashok
28 July 2014 at 01:34
Hi,
I am ashok.My grandfather purchased a plot in 1953.We found the original documents this year.The person who sold the plot to my grandfather died and his son sold the same property to someone else in 2006.We have not done the mutation of the property because we did not know the existence of that plot.Plz suggest how can i get the mutation on our name.the person who purchased in 2006 has constructed a building on that plot.how can we get the possession.
Pradeep Nandlal Dave
28 July 2014 at 01:14
Respected Sir,
I want to know what is the Maharashtra State Co-operative Housing Society law/s for issuing of Duplicate Share Certificate for the flat which is in Joint Names,in the condition when the Original Share Certificate is misplaced Or Lost.
With thanks and best regards,
Pradeep Dave
Pranaykumar
27 July 2014 at 22:16
here is a saying "tall fences make good neighbors." For many people this could be true. However, there are some neighbors who do not respect tall fences or any other border. There are a few sayings for that type of neighbor as well. "Let's get a land survey," and "I'd hate to go to court over this." Which of those you will end up uttering depends on just how your neighbor chooses to cross your borders.
Rohit Telang
26 July 2014 at 21:07
As per our lawyer going to consumer courts is a waste of time as very few CHS gets compensated in a timely manner.As per the lawyer it takes many years to get sufficient compensation.Is it true that although newspapers publish the news of consumer courts granting compensation actually very few get compensated as the builders go in appeal and ultimately CHS gets frustrated due to long long delay and give up the fight?Is it not lack of justice for consumers in India due to inefficient government which is insensitive to the flat buyers?
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Injunction suit dismissed - amendment to plaint schedule of property in ist appeal in c.r.p in i
In an injunction suit filed at the trial court, the suit was dismissed on the grounds that there were differences in the plaint schedule of property and schedule of property of the marked documents(power of attorney deed/settlement deed), although the patta stands clearly in the name of the petitioner - more importantly during the course of the suit, an advocate commissioner's report and court appointed land surveyor report were requested which clearly identified the suit property to be standing in the name of the petitioner-This report itself would have proved that the defendant clearly encroached into the property of the petitioner. The court failed to consider this report and simply dismissed on the ground cited above with the result the petitioner had to go to the appellate court.
Since, two different people were attempting to encroach into the suit property, two separate I.A's for amendments to the schedule property in the plaint were filed - and, also, a 3rd I.A for marking of additional documents i.e the court appointed advocate commissioner+ land surveyor report was filed.
Interestingly,one of the defendant never appeared in person or appointed a counsel to represent her in the court proceedings - therefore 04 advocate notices were sent to this defendant asking for her appearance. However, while dismissing the 02 I.A's(amendment of plaint petitions),the court dismissed the I.A in which this lady(defendant) failed to appear, on the very same grounds as the other I.A (2nd defendant). Moreover, the I.A for marking of additional document (the trial court appointed advocate commissioners report + land surveyor report) was kept pending. -This was shocking, as a mere reading of the most important evidence in this case could have easily brought out the fraud committed by the counsel of the 2nd defendant and the requested amendment could have been granted since all along the trial, the 2nd defendant has maintained that his Survey No. is different.
Also, when the lady defendant had never appeared in person or appointed a counsel to represent her, how can a court dismiss the I.A (plaint amendment petition) in that case also?
This shows how our courts are functioning !!!!!
Such judgments also point out the inefficiency of the judge in assessing the facts in the right perspective with the result the 02 I.A's were dismissed at the appellate court.
The petitioner now has to seek remedy in the form of a C.R.P at the high court.
I would like to know of other cases where the amendment in the plaint schedule of property has been granted by high court in a C.R.P OR under what provisio of the C.R.P can a petitioner/appellant file a C.R.P for grant of amendment - Clearly, the defendant will not be affected in any way whatsoever due to this grant of amendment since he has been stating a different survey number - more importantly, the defendant has confessed that he does not have a registered title deed.
Is it possible to request for marking of documents also in the same c.R.P petition?
Kindly enlighten me please.The petitioner hails from a poor family and needs assistance.
S.R.Venkataraman